The Supreme Court of Namibia is set to hear a high-stakes case next Monday, as Independent Patriots for Change (IPC) leader Dr. Panduleni Itula challenges the results of the 2024 Presidential Election. The hearing, scheduled for Monday and Tuesday, will be presided over by a bench comprising Chief Justice Peter Shivute, Deputy Chief Justice Petrus Damaseb, and Justices of Appeal Sylvester Mainga, Hosea Angula, and retired judge Dave Smuts.
Dr. Itula is seeking to nullify the election results, alleging that the Electoral Commission of Namibia (ECN) acted unlawfully by extending voting beyond the official election date through a presidential proclamation. Voting reportedly continued on November 29 and 30, which Dr. Itula claims was unconstitutional and in violation of the Electoral Act. He is asking the court to declare the entire election process invalid and order a fresh presidential election.
The case is opposed by the President, the Attorney General, the ECN, the Chief Electoral Officer, and the President-elect, who argue that the election was conducted fairly and lawfully. All political parties that participated in the election have been cited as respondents, with only the Swapo Party formally opposing Dr. Itula's application.
The respondents argue that Dr. Itula has failed to provide evidence showing that the extended voting period affected the election outcome. They also contend that he did not follow the correct legal process by filing complaints through the appropriate channels before approaching the court.
In a twist, the Landless People's Movement (LPM) and its leader, Bernadus Swartbooi, have applied to join the case as co-applicants, supporting Dr. Itula's challenge. They are also seeking a declaration that the extension of voting was unlawful and are asking the court to either invalidate ballots cast after November 27 or order a fresh election.
However, the President and other respondents have raised objections to LPM and Swartbooi's involvement, arguing that their application is procedurally flawed. They point out that LPM did not initially oppose the election results and is now attempting to join the case at a late stage.
The Supreme Court's decision in this case could have far-reaching implications for Namibia's electoral process and political landscape. The hearing is expected to draw significant public attention as the nation awaits the court's ruling on this contentious issue.